National Health Service (Scotland) Act 1978
National Health Service (Scotland) Act 1978 (1978 c. 29)
- National Health Service (Scotland) Act 1978 (1978 c. 29)
- Part I Organisation
- Secretary of State
- 1 General duty of Secretary of State.
- 1A Duty of the Scottish Ministers to promote health improvement
- Administrative bodies
- 2 Health Boards.
- 2A Duty of Health Board, Special Health Board , the Agency and HIS to promote health improvement
- 2B Duty to encourage public involvement
- 2C Functions of Health Boards: primary medical services
- 2CB Functions of Health Boards: planning of pharmaceutical care services
- 2D Equal opportunities
- 3 Scottish Medical Practices Committee.
- 4 Scottish Dental Estimates Board.
- Community health partnerships
- 4A Community health partnerships
- 4B Community health partnerships: further provision
- National advisory bodies
- 5—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Local advisory bodies
- 7 Local health councils.
- 8 University Liaison Committees.
- 9 Local consultative committees.
- Agency for Secretary of State and other bodies
- 10 Common Services Agency.
- 10ZA Provision of patient advice and support service
- Healthcare Improvement Scotland
- 10A Healthcare Improvement Scotland
- Principles
- 10B Principles
- Functions related to the health service
- 10C Health service functions
- 10D Health service functions: further provision
- Functions related to independent health care
- 10E Independent health care functions
- Meaning of “ independent health care services ”
- 10F Meaning of “independent health care services”
- 10G Power to modify definitions
- Standards and outcomes
- 10H Standards and outcomes
- Inspections
- 10I Inspections of services provided under the health service or under the 2021 Act
- 10J Inspections of independent health care services
- 10K Authorised persons
- 10L Inspections: best regulatory practice
- 10M Inspections at request of Scottish Ministers
- 10N Inspections: reports
- 10O Regulations relating to inspections
- Registration
- 10P Registration of independent health care services
- 10Q Grant or refusal of registration
- Improvement notices
- 10R Improvement notices: independent health care services
- Proposals and applications in relation to registered independent health care services
- 10S Cancellation of registration
- 10T Emergency cancellation of registration
- 10U Condition notices
- 10V Emergency condition notices
- 10W Application of Act to condition notices following emergency condition notices
- 10X Emergency condition notices: appeals
- 10Y Applications in respect of conditions
- 10Z Further provision as respects notice of proposals
- 10Z1 Right to make representations to HIS as respects proposals
- Notice of decision on application for registration
- 10Z2 Notice of HIS's decisions
- Conditions as to numbers
- 10Z3 Conditions as to numbers
- Appeal against decision to implement proposal
- 10Z4 Appeal against decision to implement proposal
- Fees
- 10Z5 Registration fees
- Regulations
- 10Z6 Regulations: registers and registration
- 10Z7 Regulations: independent health care services
- Complaints about independent health care services
- 10Z8 Complaints about independent health care services
- Offences
- 10Z9 Offences in relation to registration
- 10Z10 False statements in applications
- 10Z11 Offences by bodies corporate etc.
- Inquiries
- 10Z12 Inquiries
- Arrangements to provide independent health care services: registration
- 10Z13 Arrangements entered into by certain bodies: services to be registered
- Duty of certain bodies to be aware of reports, etc.
- 10Z14 Local authorities and other bodies: awareness of HIS reports etc.
- Giving of notice
- 10Z15 Giving of notice
- Scottish Health Council
- 10Z16 Establishment of Scottish Health Council
- Miscellaneous
- 10Z17 Transfer of staff
- 10Z18 “ Provide ” in relation to independent health care services
- Consultation with Mental Welfare Commission for Scotland
- 10Z19 Duty of HIS to consult the Mental Welfare Commission for Scotland
- Trusts
- 11 Scottish Hospital Trust.
- 12 Scottish Hospital Endowments Research Trust.
- 12A National Health Service trusts.
- 12AA Additional functions of NHS trusts.
- 12B Transfer of staff to NHS trusts.
- 12C Supplementary provisions as to transfer of staff.
- 12CA Transfer of staff among health service bodies.
- 12D Transfer of property rights and liabilities to NHS trusts.
- 12DA Stamp duty land tax
- 12E Originating capital debt of, and other financial provisions relating to NHS trusts.
- 12F Financial obligations of NHS trusts.
- 12G Trust property of NHS trusts.
- Quality
- 12H Duty of quality.
- 12I Duty in relation to governance of staff
- Staffing
- 12IA Duty to ensure appropriate staffing
- 12IB Duty to ensure appropriate staffing: agency workers
- 12IC Duty to have real-time staffing assessment in place
- 12ID Duty to have risk escalation process in place
- 12IE Duty to have arrangements to address severe and recurrent risks
- 12IF Duty to seek clinical advice on staffing
- 12IG Duty to ensure appropriate staffing: number of registered healthcare professionals etc.
- 12IH Duty to ensure adequate time given to clinical leaders
- 12II Duty to ensure appropriate staffing: training of staff
- 12IJ Duty to follow common staffing method
- 12IK Common staffing method: types of health care
- 12IL Training and consultation of staff
- 12IM Reporting on staffing
- 12IN Ministerial guidance on staffing
- 12IO Interpretation of sections 12H to 12IN
- HIS functions in relation to staffing
- 12IP HIS: monitoring compliance with staffing duties
- 12IQ HIS: monitoring and review of common staffing method
- 12IR HIS: monitoring and development of staffing tools
- 12IS HIS: duty to consider multi-disciplinary staffing tools
- 12IT HIS: duty on Health Boards to assist staffing functions
- 12IU HIS: power to require information
- 12IV HIS: ministerial guidance on staffing functions
- 12IW Interpretation of sections 12IP to 12IV
- Co-operation and assistance
- 12J Health Boards: co-operation with other Health Boards, Special Health Boards and the Agency
- 12K Power of Health Board to carry out other Health Board's functions
- 13 Co-operation between Health Boards and other authorities.
- 13A Co-operation in planning of services for disabled persons, the elderly and others.
- 13B [ Joint Liaison Committees.
- 14 Designated medical officers.
- 15 Supply of goods and services to local authorities, etc.
- 16 Assistance to voluntary organisations.
- 16A Power to make payments towards expenditure on community services.
- 16B Financial assistance by the Secretary of State to voluntary organisations.
- 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17AA Provision of certain services under NHS contracts.
- 17A NHS contracts.
- 17B Reimbursement of Health Board’s costs.
- 17C Personal medical or dental services.
- 17CA Primary medical services: persons with whom agreements can be made
- 17D Personal dental services: persons with whom agreements may be made.
- 17E Personal medical or dental services: regulations.
- 17EA Services lists
- 17EB Application for inclusion in services list
- 17F Lists of persons performing personal dental services
- 17G Right to choose dental practitioner.
- 17H Immunisation.
- 17I Use of accommodation.
- General medical services contracts
- 17J Health Boards' power to enter into general medical services contracts
- 17K Mandatory contract term: provision of prescribed primary medical services
- 17L Eligibility to be contractor under general medical services contract
- 17M Payments by Health Boards under general medical services contracts
- 17N Other mandatory contract terms
- 17O Resolution of disputes and entry into NHS contracts
- Persons performing primary medical services
- 17P Persons performing primary medical services
- 17Q Assistance and support
- Pharmaceutical care services contracts
- 17R Mandatory contract term: provision of prescribed pharmaceutical care services
- 17S Eligibility to be contractor under pharmaceutical care services contract
- 17T Payments by Health Boards under pharmaceutical care services contracts
- 17U Other mandatory contract terms: pharmaceutical care services contracts
- 17V Resolution of disputes and entry into NHS contracts: pharmaceutical care services contracts
- Drug Tariff
- 17W Drug Tariff
- Persons performing pharmaceutical care services
- 17X Persons performing pharmaceutical care services
- Assistance and support: primary medical services and pharmaceutical care services
- 17Y Assistance and support: primary medical services and pharmaceutical care services
- Part II Provision of Services
- General Services
- 18 Duty of Secretary of State.
- General medical services
- 19 Arrangements and regulations for general medical services.
- 19A Medical lists.
- 19B Vacancies for medical practitioners.
- 20 Applications to provide general medical services.
- 21 Requirement of suitable experience.
- 22 Regulations as to section 21.
- 23 Distribution of general medical services.
- 24 Regulations for Medical Practices Committee.
- 24A Liabilities and obligations in relation to deputies.
- 24B Supplementary lists
- 24C Application for inclusion in supplementary list
- General dental services
- 25 Arrangements for provision of general dental services.
- General ophthalmic services
- 26 Arrangements for provision of general ophthalmic services.
- Pharmaceutical services
- 27 Arrangements for provision of pharmaceutical services.
- 27A Arrangements for providing additional pharmaceutical services.
- 27B Terms and conditions etc.
- 28 Persons authorised to provide pharmaceutical services.
- Remuneration for services
- 28A Remuneration for Part II services.
- 28B Part II remuneration: supplementary.
- 28C Indemnity cover.
- Assistance and support: general dental services
- 28D Assistance and support: general dental services
- Provisions as to disqualification of practitioners
- 29 The NHS tribunal.
- 29A The NHS Tribunal: supplementary.
- 29B Powers of NHS Tribunal.
- 29C Conditional disqualification etc.
- 30 Review etc. of disqualification.
- 31 Disqualification provisions in England or Wales or Northern Ireland.
- 32 Regulations as to sections 29 to 31.
- 32A Applications for interim suspension.
- 32B Suspension pending appeal.
- 32C Sections 32A and 32B: procedure etc.
- 32D Corresponding provision in England or Wales or Northern Ireland
- 32E Payments in consequence of suspension.
- Supplementary provisions relating to Part II
- 33 Powers of Secretary of State where services are inadequate.
- 34 Exercise of choice of medical practitioner etc. in certain cases.
- 35 Sale of medical practices.
- 35A Interpretation of Part II.
- Part III Other Services and Facilities
- 36 Accommodation and services.
- 37 Prevention of illness, care and after-care.
- 38 Care of mothers and young children.
- 38A Breastfeeding
- 38B Detection of vision problems in children
- 39 Medical and dental inspection, supervision and treatment of pupils and young persons.
- 40 Vaccination and immunisation.
- 41 Family planning.
- 42 Health education.
- 43 Control of spread of infectious disease.
- 44 Supplies of blood and other substances.
- 45 Ambulances.
- 46 Provision of vehicles for persons suffering from physical defect or disability.
- 46A Provision of communication equipment
- 47 Educational and research facilities.
- 48 Residential and practice accommodation.
- Part IV Powers of the Secretary of State
- Control of maximum prices for medical supplies
- 49 Maximum prices of medical supplies may be controlled.
- Additional powers as to services and supplies; and the use of those services and supplies for private patients
- 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 51, 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 54 Restriction of powers under sections 44, 50 and 53.
- Further provisions as to payments by patients for health service accommodation and services
- 55 Hospital accommodation on part payment.
- 56 Expenses payable by remuneratively employed resident patients.
- 57 Accommodation and services for private patients.
- 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 59—63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Use by practitioners of health service accommodation and facilities for private practice
- 64 Permission for use of facilities in private practice.
- 65—68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Regulations as to certain charges
- 69 Charges for drugs, medicines or appliances or pharmaceutical services.
- 70 Charges for dental or optical appliances.
- 71 Charges for dental treatment.
- 71A Calculation of charges for dental appliances and treatment.
- 72 Charges in respect of services etc. provided under sections 37, 38 and 41.
- 73 Charges for more expensive supplies.
- 74 Charges for repairs and replacements in certain cases.
- 75 Sums otherwise payable to those providing services.
- 75A Remission and repayment of charges and payment of travelling expenses.
- 75B Reimbursement of the cost of services provided in another EEA State
- 75BA Reimbursement of the cost of services provided in another EEA State where expenditure is incurred on or after 25 October 2013.
- 75BB Prior authorisation for the purposes of section 75BA
- 75BC Restriction on reimbursement after EU withdrawal
- 75C Prior authorisation
- 75D Deduction of NHS charges
- Inquiries, and default and emergency powers
- 76 Inquiries.
- 77 Default powers.
- 78 Emergency powers.
- 78A Powers in case of service failure
- 78B Relationship of sections 77, 78 and 78A
- Part V Property and Finance
- Land and other property
- 79 Purchase of land and moveable property.
- 80 Transferred property free of trusts.
- 81 Power of voluntary organisations to transfer property to Secretary of State.
- Trust property
- 82 Use and administration of certain endowments and other property held by Health Boards.
- 83 Power of Health Boards and local health councils to hold property on trust.
- 84 Power of trustees to make payments to Health Boards.
- 84A Power to raise money, etc., by appeals, collections, etc.
- Joint ventures
- 84B Joint ventures
- Finance and accounts
- 85AA Means of meeting expenditure of Health Boards out of public funds.
- 85AB Further provision as to expenditure on drugs.
- 85 Expenses of certain bodies.
- 85A Financial duties of bodies referred to in section 85.
- 85B Schemes for meeting losses and liabilities etc. of certain health service bodies.
- 86 Accounts of Health Boards and the Agency.
- 87 Regulation of financial arrangements of Health Boards, the Agency and the Dental Estimates Board.
- Fund-holding practices
- 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 87B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 87C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Indicative amounts
- 87D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Remuneration, allowances and superannuation
- 88 Payment of allowances and remuneration to members of certain bodies connected with the health services.
- 89 Superannuation of officers of certain hospitals.
- Part VI The Health Service Commissioner for Scotland
- 90 Appointment of Commissioner and tenure of office.
- 91 Salary and pension of Commissioner.
- 92 Administrative provisions.
- 92A Appointment of acting Commissioner.
- 93 Bodies and action subject to investigation.
- 94 Provisions relating to complaints.
- 95 Application of certain provisions of the Parliamentary Commissioner Act 1967.
- 95A Consulting other Commissioners.
- 96 Reports by Commissioner.
- 97 Interpretation of Part VI.
- Part VII Miscellaneous and Supplementary
- Miscellaneous
- 98 Charges in respect of non-residents.
- 99 Evasion of charges.
- 99ZA Recovery of charges and payments.
- 99A Holidays for patients etc.
- 100 Accommodation for persons displaced in course of development.
- 101 Protection of Health Boards and Common Services Agency.
- 102 State hospitals.
- 103 Arbitration.
- 104 Exemption from stamp duty.
- 104A Exemption from stamp duty land tax
- Supplementary
- 105 Orders, regulations and directions.
- 106 Supplementary regulatory powers.
- 107 Local enactments.
- 108 Interpretation and construction.
- 109 Transitional provisions and savings, consequential amendments and repeals.
- 110 Citation, extent and commencement.
- SCHEDULES
- SCHEDULE 1 Health Boards
- Constitution
- Supplementary provisions
- SCHEDULE 1A Health Board elections
- Health Board elections
- Timing of Health Board elections
- Electoral wards
- Conduct of election
- Candidates
- Franchise
- Election expenses
- Vacancies
- Election regulations
- SCHEDULE 3 The Planning Council
- SCHEDULE 4 University Liaison Committees
- SCHEDULE 5 The Agency
- SCHEDULE 5A Healthcare Improvement Scotland
- Status
- Membership of HIS
- Terms of appointment etc.
- Removal of members
- Disqualification from membership
- Remuneration and allowances for members
- Chief executive and other employees
- Medical reviewers
- Committees
- Procedure and meetings
- General powers
- Delegation of functions
- Location of office
- Accounts
- Reports
- Constitution
- Powers
- SCHEDULE 7 The Research Trust
- SCHEDULE 7A National Health Service Trusts
- Part I Orders Establishing NHS Trusts Etc.
- Part II Duties, Powers and Status of NHS Trusts
- Specific duties
- Specific powers
- General powers
- Status
- Part III Supplementary Provisions
- Reimbursement for health services work carried out otherwise than under contract
- Use and development of land used for religious purposes and burial grounds
- Part IV Dissolution
- SCHEDULE 7B Financial Provisions relating to NHS Trusts
- Borrowing
- Guarantees of borrowing
- Surplus funds
- Limits on indebtedness
- Additional public dividend capital
- Surplus funds
- Investment
- SCHEDULE 8 The Tribunal
- SCHEDULE 9 Additional Provisions as to Prohibition of Sale of Medical Practices
- Prohibition, and certificate of Practices Committee
- Certain transactions deemed sale of goodwill
- Carried-over goodwill
- SCHEDULE 10 Additional Provisions as to the Control of Maximum Prices for Medical Supplies
- Orders and directions
- Notices, authorisations and proof of documents
- Territorial extent
- False documents and false statements
- Restrictions on disclosing information
- Offences by corporations
- Penalties
- Production of documents
- SCHEDULE 11 Additional Provisions as to Regulations for the Making and Recovery of Charges
- Regulations under section 69—charges for drugs, medicines or appliances, or pharmaceutical services
- Regulations under section 70—charges for dental or optical appliances
- Regulations under section 71—charges for dental treatment
- Miscellaneous Provisions
- SCHEDULE 12 Inquiries
- SCHEDULE 13 Acquisition of Property Other than Land
- SCHEDULE 14 Action not subject to investigation by the Commissioner
- SCHEDULE 15 Transitional Provisions and Savings
- General
- Section 37 of the National Health Service (Scotland) Act 1947
- Persons authorised to provide pharmaceutical services
- Disqualification of practitioners
- Section 4 of the Health Services and Public Health Act 1968
- Compensation of officers
- Vehicles under section 33 of the Health Services and Public Health Act 1968
- Saving of amendments
- Transfer of property of voluntary organisations
- Investigations by the Health Service Commissioner for Scotland
- Permission deemed to have been granted under section 9(5) of the Health Services Act 1976
- Borrowing from the Hospital Trust by Boards of Management and Regional Hospital Boards
- Health functions of local authorities
- SCHEDULE 16 Consequential Amendments of Enactments
- The Polish Resettlement Act 1947
- The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
- The National Assistance Act 1948
- The Law Reform (Personal Injuries) Act 1948
- The Children Act 1948
- The Nurseries and Child Minders Regulation Act 1948
- The Nurses (Scotland) Act 1951
- The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
- The Public Bodies (Admission to Meetings) Act 1960
- The Redundancy Payments Act 1965
- The National Health Service 1966
- The Superannuation (Miscellaneous Provisions) Act 1967
- The Health Services and Public Health Act 1968
- The Social Work (Scotland) Act 1968
- The Medicines Act 1968
- The Post Office Act 1969
- The Chronically Sick and Disabled Persons Act 1970
- The Tribunals and Inquiries Act 1971
- The Finance Act 1971
- The Local Goverment (Scotland) Act 1973
- The Trade Union and Labour Relations Act 1974
- The Social Security Act 1975
- The Criminal Procedure (Scotland) Act 1975
- The House of Commons Disqualification Act 1975
- The Patents Act 1977
- SCHEDULE 17 Repeals
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